Sahaguian v. Canada
The Statement of Claim did not disclose a cause of action; therefore the decisions of Prothonotary Morneau and Justice Martineau to strike it were correct.
Source-derived case information.
- Citation
- 2010 FCA 264
- Parties
- Appellant: Hratch Sahaguian; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 October 2010
- Procedural Posture
- Appeal to the Federal Court of Appeal From Federal Court Order / Final Judgment on Motion to Strike (appeal Dismissed)
- Outcome
- Appeal dismissed
- Legal Topics
- Failure to Disclose a Cause of Action, Strike of Statement of Claim, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hratch Sahaguian
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal to the Federal Court of Appeal From Federal Court Order / Final Judgment on Motion to Strike (appeal Dismissed)
Legal Issues
- 1 Whether the Statement of Claim disclosed a cause of action
- 2 Whether Prothonotary Morneau and Justice Martineau erred in striking the Statement of Claim
Ratio Decidendi
The Statement of Claim did not disclose a cause of action; therefore the decisions of Prothonotary Morneau and Justice Martineau to strike it were correct.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs to the respondent to be taxed at the highest column of Tariff B.
Full Case Text
Judgment text and source record
1 paragraphs
Sahaguian v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2010-10-13 Neutral citation 2010 FCA 264 File numbers A-34-10 Decision Content Federal Court of Appeal Cour d'appel fédérale Date: 20101013 Docket: A-34-10 Citation: 2010 FCA 264 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: HRATCH SAHAGUIAN Appellant and HER MAJESTY THE QUEEN Respondent Heard at Montréal, Quebec, on October 13, 2010. Judgment delivered from the Bench at Montréal, Quebec, on October 13, 2010. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Federal Court of Appeal Cour d'appel fédérale Date: 20101013 Docket: A-34-10 Citation: 2010 FCA 264 CORAM: NADON J.A. TRUDEL J.A. MAINVILLE J.A. BETWEEN: HRATCH SAHAGUIAN Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on October 13, 2010) NADON J.A. [1] As there can be no doubt whatsoever that the appellant’s Statement of Claim does not disclose a cause of action, we can only conclude that neither Prothonotary Morneau nor Martineau J. made any error in striking it. [2] The appeal shall therefore be dismissed with costs which shall be taxed at the highest column of Tariff B. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-34-10 (APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE MARTINEAU OF THE FEDERAL COURT DATED JANUARY 19, 2010, DOCKET NO. T-1760-09) STYLE OF CAUSE: HRATCH SAHAGUIAN v. HER MAJESTY THE QUEEN PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 13, 2010 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. TRUDEL J.A. MAINVILLE J.A. DELIVERED FROM THE BENCH BY: NADON J.A. APPEARANCES: Hratch Sahaguian (on his own behalf) FOR THE APPELLANT Antoine Lippé FOR THE RESPONDENT SOLICITORS OF RECORD: Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT